United States · United States Congress · 2 June 1981
Indian Tribal Governmental Tax Status Act of 1981 - Amends the Internal Revenue Code to treat an Indian tribal government as a State for purposes of: (1) determining the deductibility of a charitable contribution made to such tribe; (2) certain excise taxes; (3) deductions for State and local taxes; (4) the tax exclusion for interest on government bonds; (5) the unrelated business income tax applicable to colleges and universities; (6) the credits for public retirement system income and contributions to candidates for public office; (7) the exclusion from gross income of certain scholarships and fellowship grants and contributions of certain employers for employee annuities; (8) the tax on excess lobbying expenditures by public charities; and (9) the tax treatment of activities of private foundations. Excludes from gross income, under specified circumstances, interest on industrial development bonds issued by an Indian tribal government. Defines "Indian tribal government" for the purposes of this Act.
United States · United States Congress · 21 May 1981
Debt Collection Act of 1981 - Amends the Privacy Act of 1974 to permit a Federal agency to disclose individual records to a consumer reporting agency. Authorizes a Federal agency attempting to collect a claim under the Federal Claims Collection Act of 1966 to notify a consumer reporting agency that a person is responsible for a claim if: (1) the agency has sent a written notice informing the person that a consumer reporting agency will be contacted, describing the information to be disclosed, and explaining the person's right to dispute the agency's claim; (2) the person has not agreed to repay the claim or filed for review of the claim; (3) the agency, upon request, has reviewed the claim; and (4) the agency has obtained assurances that the consumer reporting agency complies with Federal laws governing the provision of consumer credit information. Requires the agency to notify the consumer reporting agency promptly concerning any change in the status or amount of the claim. Directs Federal agencies to require any individual applying for credit or financial assistance, which may result in indebtedness to the Government, to furnish his or her social security numbers. Authorizes an agency (including the United States Postal Service) to deduct installment payments from the pay of an employee or member of the Armed Forces or Armed Forces Reserve to offset any debts owed the Government. Limits the amount deducted to 25 percent of the individual's disposable pay. Makes murder or manslaughter of a Federal debt collector a Federal offense. Amends the Internal Revenue Code to authorize the Secretary of the Treasury to disclose to a Federal agency: (1) information concerning the tax liability of a Federal loan applicant; and (2) the mailing address of a taxpayer for use by employees or agents of the agency in collecting or compromising a Federal claim. Increases the rate of interest on delinquent taxes to 100 percent (currently 90 percent) of the prime rate quoted by commercial banks to large businesses. Permits the annual (currently biennial) adjustment of such interest rate. Allows the Government to collect claims by administrative offset beyond the six year statute of limitations on actions brought by the Government for money damages. Directs each agency to charge a minimum annual rate of interest on outstanding debts and to assess a penalty charge and handling costs on delinquent claims, except where another statute, statutorily mandated regulation, loan agreement, or contract either prohibits or explicitly fixes interest or penalty charges. Declares that service of legal process brought for the collection of U.S. claims shall be accomplished in accordance with the Federal Rules of Civil Procedure or as directed by the court. Requires the Director of the Office of Management and Budget to: (1) direct each agency with outstanding debts to submit to the Director and the Department of the Treasury an annual report on the status of the agency's loans and accounts receivable; and (2) report to Congress annually on the management of agency debt collection activities.
United States · United States Congress · 21 May 1981
Intelligence Reform Act of 1981 - Amends the Central Intelligence Agency Act of 1949 to exempt information in files maintained by an intelligence agency or component of the Government from the provisions of any law requiring publication or disclosure, if such files have been specifically designated by the Director of Central Intelligence to be concerned with: (1) scientific or technical systems for the collection of foreign intelligence; (2) special activities and foreign intelligence operations; (3) investigations to determine the suitability of potential foreign intelligence sources; and (4) intelligence liaison arrangements with foreign governments. Requires requests by United States citizens and permanent resident aliens for information concerning themselves to be processed in accordance with the Freedom of Information Act.
United States · United States Congress · 21 May 1981
Commercial Business Energy Tax Credit Act of 1981 - Amends the Internal Revenue Code to include in the definition of "specially defined energy property," for purposes of the investment tax credit, specified additional equipment and devices installed in connection with any existing industrial, retail, or commercial facility for the purpose of reducing energy consumption. Revises the definition of "energy property" to include insulation property. Increases the energy percentage, for purposes of such credit, in the case of property which is qualified for the credit under this Act.
United States · United States Congress · 21 May 1981
Airport and Airway Revenue Amendments of 1981 - Amends the Internal Revenue Code to revise the rate of tax imposed on fuel used in noncommercial aviation. Extends such tax to October 1, 1985. Reduces the airline ticket tax for individual travel from eight to three percent and the tax on the transportation of property from five to two percent. Extends the latter tax to September 30, 1985. Reinstates, and increases the rate of, the tax on the use of international travel facilities. Extends, to October 1, 1985, the tax on the taxable use of civil aircraft in commercial aviation. Amends the Airport and Airway Revenue Act of 1970 to continue the transfers of such taxes to the Airport and Airway Trust Fund until October 1, 1985. Extends, to such date, the availability of Trust Fund assets for specified expenditures.
United States · United States Congress · 20 May 1981
Amends the Freedom of Information Act to exempt from the disclosure requirements matters relating to: (1) internal personnel rules and practices and training or reorientation of personnel of the Central Intelligence Agency; (2) special activities, clandestine collection, or covert operations of the CIA; and (3) internal operation, office management, or organization of the CIA. Eliminates Federal court jurisdiction to enjoin the CIA from withholding records, except personnel records of an individual the disclosure of which is necessary for obtaining employment outside the Agency.
United States · United States Congress · 20 May 1981
Public Land Reform Act of 1981 - Title I: Short Title; Findings and Declaration of Policy; Definitions - Declares that the Federal Government retains ownership of substantial territory considered unreserved unappropriated public lands in States wholly west of the one-hundredth meridian. Provides that it is the policy of this Act to place all such lands, presently held in trust for the States in which they are situated, in State ownership. Excludes from the definition of unreserved unappropriated public lands the following: (1) lands within the boundaries of national parks, national monuments, and national wildlife and migratory bird sanctuaries established prior to May 1, 1981; (2) designated units of the National Wilderness Preservation System; (3) lands within boundaries of military and Indian reservations; (4) lands essential to the operation, maintenance, and access to the U.S. Water and Power Resources Services projects, and designated highways; (5) lands necessary to the operation, maintenance, and access to shipyards, docks, security and defense establishments, magazines, arsenals, and Federal buildings; and (6) lands selected under the Alaska Native Claims Settlement Act and other applicable law. Title II: Federal Land Transfer Board - Authorizes the Governor of any State seeking to acquire such unreserved and unappropriated lands to petition the President within ten years of the enactment of this Act to establish a Federal Land Transfer Board for such State. Directs the President to establish such a Board consisting of State and Federal members within 90 days of the receipt of such an application. States that the Board shall serve until all conveyances of such lands within the State are carried out. Requires each Federal Land Transfer Board to coordinate its activities with the State land management agency established pursuant to this Act. Directs each Board to carry out the required land transfers within two years of its determination that a State's application meets the requirements of this Act. Empowers the Land Transfer Boards to resolve land claims and disputes arising from the implementation of this Act. Grants any State aggrieved by a decision of a Land Transfer Board on its application the right to a public hearing and review before the Board. Empowers the United States courts of appeals to hear appeals from final orders of the Boards. States that judicial review shall be on the record made before the Board and that the Board's findings shall be conclusive if supported by substantial evidence. Prohibits members of the Board from directly or indirectly receiving compensation as a result of any land transfer carried out pursuant to this Act. Title III: State Land Management Agencies - Requires each State seeking the conveyance of unreserved and unappropriated land under this Act to establish a State land management agency to: (1) hold any transferred lands in trust for all people of the United States; (2) protect the interests of persons who have acquired rights in such land under Federal law; (3) provide for an ongoing inventory and study of public lands within the State with a view toward determining the best methods of management and utilization; (4) provide for the continued annual payments to units of local government in which entitlement lands are situated; (5) transfer to the United States those property interests necessary to continue lawful Federal activities; and (6) continue to administer lands previously administered by the United States pursuant to a treaty or interstate compact in conformance with the terms of such treaty or compact. Title IV: Conveyance From State Ownership - Prohibits any State from conveying lands conveyed to it by the Federal Land Transfer Board unless such land is difficult and uneconomic to manage, or no longer necessary for the purpose for which it was acquired, or its disposal will serve important public objectives. Title V: Miscellaneous - Declares that the United States shall retain control over the oceans, seas, navigable rivers, streams, lakes, and projects of the Corps of Engineers and Water and Power Resources Service. Directs the President to modify agreements with other nations if necessary to implement this Act. Grants the consent of Congress to any interstate compact relating to the management and use of such lands if it has been approved by the appropriate Federal Land Transfer Board. Grants the consent of Congress to any amendments to the Enabling Act of a State receiving a conveyance of land which may be necessary to revoke any disclaimer to title of public lands not granted by the United States to the State. Requires the Secretary of the Interior to report to the Congress, within 18 months of enactment of this Act, on the results of a study of the relative costs and benefits of Federal and State land management activities. Authorizes sums as may be necessary to carry out the provisions of this Act.
United States · United States Congress · 18 May 1981
Malt Beverage Interbrand Competition Act - Declares that no antitrust law shall prohibit the importer, brewer, or trademark licensee of a trademarked malt beverage from entering into an agreement granting a wholesale distributor the exclusive right to sell such beverage within any defined geographic area within a State, or limiting such distributor to the sale of such beverage for ultimate resale to consumers in that area, when such beverage has substantial competition from other malt beverages in that area. Declares that this Act shall not affect any provision of State law.
United States · United States Congress · 12 May 1981
Expresses the sense of the Senate that Anatoly Shcharansky be released from prison in the Soviet Union, be given proper medical treatment, and be permitted to emigrate to Israel. Urges the President, the Secretary of State, and the U.S. delegation to the Madrid Conference on Security and Cooperation to continue to express U.S. opposition to the imprisonment of Anatoly Shcharansky.
United States · United States Congress · 11 May 1981
Amends the Communications Act of 1934 to prohibit the Federal Communications Commission (FCC) from restricting the broadcast of the results or projected results of an election to choose Presidential electors until all polling places are closed. Establishes the Commission on the Effect of the Communications Industry on Voter Behavior to report to the President and the Congress on whether the practices of the communications industry affect voter behavior. Sets forth the composition and functions of such Commission. Authorizes appropriations to carry out this Act.
United States · United States Congress · 11 May 1981
Amends the Surface Mining and Reclamation Act of 1977 to permit a registered professional land surveyor (in addition to an engineer or geologist) to prepare and certify maps or plans for use in an application for a surface coal mining and reclamation permit.
United States · United States Congress · 8 May 1981
Consumer Tire Registration and Public Notice Improvement Act - Amends the National Traffic and Motor Vehicle Safety Act of 1966 to direct the Secretary of Transportation to require automobile and automobile tire dealers or distributors to furnish the first purchaser of a tire with a tire registration form. Requires public notice of tire defects if the Secretary determines that such notice is necessary in the interest of motor vehicle safety.
United States · United States Congress · 6 May 1981
Delinquent Payments Act of 1981 - Requires Federal agencies to pay interest on overdue payments to businesses for property or services. Specifies the procedure for computing such interest. Requires an agency to pay any such interest charges out of funds appropriated for its programs. Allows an agency to take advantage of an early payment discount only if payment is made within the time specified by the business. Directs each agency to report to Congress annually on interest payments made during the fiscal year.
United States · United States Congress · 6 May 1981
Intelligence Authorization Act for Fiscal Year 1982 - Title I: Intelligence Activities - Authorizes appropriations for fiscal year 1982 for intelligence and intelligence-related activities in specified departments and agencies of the U.S. Government. Title II: Intelligence Community Staff - Authorizes appropriations for the Intelligence Community Staff for fiscal year 1982. Establishes an end strength ceiling of 245 full-time Intelligence Community Staff employees. Title III: Central Intelligence Agency Retirement and Disability System - Authorizes appropriations for fiscal year 1982 for the Central Intelligence Agency Retirement and Disability Fund. Title IV: Supplemental Authorization for the Fiscal Year 1981 - Authorizes supplemental appropriations for fiscal year 1981 for the conduct of intelligence activities of the U.S. Government. Title V: General Provisions - Amends the National Security Act of 1947 to revise the per diem compensation rate for members of advisory committees. Amends the Central Intelligence Agency Act of 1949 to authorize CIA personnel to carry firearms as necessary for the performance of Agency functions (currently, such authority extends to transportation of confidential documents). Prohibits the unauthorized use of the names, initials, and seals of the Central Intelligence Agency and the National Security Agency. Permits the personnel of such agencies to receive allowances and benefits authorized under the Foreign Service Act of 1980. Requires the Director of the National Security Agency to arrange for appropriate language and related training of military and civilian cryptologic personnel. Authorizes the Federal Bureau of Investigation to engage in specified activities for the purpose of collecting foreign intelligence and counterintelligence authorized by law. Amends the Federal criminal code to add to current penalties for killing officers and employees of the United States to: (1) include generally an attempt to kill; and (2) any officer or employee of any department or agency within the Intelligence Community. Establishes as new offenses the murder, manslaughter, assault, threat against, extortion, or kidnapping of: (1) persons given entry into the United States for permanent residence pursuant to the Central Intelligence Agency Act of 1949; and (2) persons present in the United States under intelligence auspices. Title VI: Defense Intelligence Agency Personnel Management Provisions - Defense Intelligence Agency Personnel Management Act of 1981 - Authorizes the Secretary of Defense to establish such civilian positions in the Defense Intelligence Agency as may be necessary to carry out its functions. Authorizes the Secretary to establish a Senior Defense Intelligence Executive Service, consisting of not more than 27 positions, in the Defense Intelligence Agency comparable to the Senior Executive Service. Authorizes the additional appointment of individuals to the Service in professional engineering and scientific positions and positions in the physical and natural sciences, medicine, and military intelligence. Authorizes the President to award to any Senior Defense Intelligence Executive Service appointee the rank of Meritorious or Distinguished Defense Intelligence Executive. Requires the Director of the Defense Intelligence Agency to report biennially to the Congressional intelligence committees on the Senior Defense Intelligence Executive Service.
United States · United States Congress · 5 May 1981
Amends the venue provisions of Federal law to provide that a civil action in which a party is the United States must be brought in a judicial district or circuit in which: (1) the non-Federal real party in interest maintains the facilities or conducts the activities that are the subject of the action; or (2) the Federal action being sought or challenged will affect the use of public or private property within that State. Directs that the action shall be brought in the district or circuit in which the State capital is located if the non-Federal party is a State or local government. Requires that a copy of the summons and complaint in such actions shall be served on the Attorney General of each State in which the action could have been brought under this Act.
United States · United States Congress · 30 April 1981
Regulatory Reform Act - Amends the Administrative Procedure Act to require the notice of proposed agency rulemaking to include: (1) a statement of the Congressional intent behind the rule; (2) a solicitation for public proposals for alternative methods; (3) a description of the data used in the rulemaking; and (4) a determination of whether the rule is a "major rule," as defined in this Act. Directs each agency to publish with such notice: (1) a description of the costs and benefits of and alternatives to the proposed rule; and (2) a justification for proposing the rule and selecting it over the alternatives. Requires agencies to give interested persons at least 60 days to submit written comments on any proposed rule and to make oral comments on major rules. Provides for a 30-day extension of such period. Directs each agency to publish with each final rule a statement of its basis and purpose, including an assessment of the public comments and a comparison of the costs, benefits, and adverse effects of the rule. Requires an agency officer or employee to prepare the rulemaking notice and the statement of the basis and purpose. Directs each agency to maintain, for judicial review, a public file of the paperwork and comments pertaining to each rulemaking proceeding. Allows an agency to promulgate an emergency rule without meeting the notice and comment requirements. Directs such agency: (1) to publish an explanation of the situation requiring the emergency rule and a justification of the emergency rule selected; and (2) to comply with normal rulemaking requirements as soon as practicable. Requires each agency to review its major rules every ten years. Directs each agency to: (1) publish and submit to the President a proposed review schedule; and (2) publish a final schedule within one year after enactment of this Act. Permits the President to select additional rules for review. Directs each agency to publish a notice of its proposed action regarding a reviewed rule. Requires that the notice: (1) assess the costs, benefits, and adverse effects of the rule; and (2) invite public proposals for modifications or alternatives to the rule. Requires an agency to follow normal rulemaking procedures when amending or rescinding a rule. Specifies procedures for renewing a rule without amendment. Directs a court reviewing an agency action to: (1) set aside any agency rule found to lack substantial support in the rulemaking file; (2) determine the authority or jurisdiction of the agency on the basis of the language of the authorizing statute or other evidence of legislative intent; and (3) accord no presumption in favor of or against agency action. Declares that when proceedings for review of the same agency action are instituted in two or more courts of appeals within ten days, the Administrative Office of the United States Courts shall select the court in which the record shall be filed by a system of random selection. Authorizes the courts not selected to grant preliminary relief pending transfer of their proceedings. Requires each agency to publish in the Federal Register, semiannually, an agenda of the rules the agency expects to propose, promulgate, renew, or withdraw within the next 12 months, including a schedule of the significant actions pertaining to each rule. Directs the President to publish, semiannually, a Calendar of Federal Regulations, listing each of the major rules included in the agenda.
United States · United States Congress · 29 April 1981
Title I: Amendments to Title 18, United States Code (18 U.S.C. 921-928) - Amends the Gun Control Act of 1968 to redefine: (1) "manufacturer" to mean any person engaged in the "business of manufacturing" (instead of "manufacture" of) firearms or ammunition; and (2) "dealer" to exclude dealers in ammunition. Adds a new definition "engaged in the business" with respect to manufacturers, dealers, and importers. Defines as a manufacturer or dealer of firearms a person who manufactures or deals in a regular course of trade or business with the principal objective of livelihood and profit. Excludes as dealers persons making occasional sales or repairs of firearms. Eliminates certain activities involving ammunition from the coverage of the current prohibitions. Makes it unlawful for any person to transfer any firearm to a person who does not reside in the same State, if the transferor has reasonable cause to believe that acquisition of the firearm by such person would violate any State or local law or ordinance. Revises the current prohibition against certain classes of persons transporting a firearm or ammunition in interstate commerce to extend such prohibition to possession or receipt in commerce or affecting commerce of any firearm or ammunition. Includes as additional categories illegal aliens, dishonorably discharged members of the Armed Forces, and U.S. citizens who renounce their citizenship. Excludes ammunition dealers from the current licensing requirements. Declares that a licensed dealer's personal collection of firearms shall not be subject to recordkeeping requirements. Permits the Secretary of the Treasury to revoke a license only where the holder "willfully" violates a provision of the Act. Bars the Secretary from denying or revoking a license on the basis of violations which are alleged in criminal proceedings instituted against a licensee, where such individual is not convicted of such charges. Imposes as a condition for the inspection or examination of records, documents, firearms, or ammunition that the Secretary has probable cause to believe that a violation has occurred and that evidence may be found on the premises. Restricts the firearms information obtained from licensees which the Secretary may make available to State or local governments. Establishes a limited recordkeeping requirement for firearms collectors. Establishes a "willful" scienter (knowledge) requirement with respect to general violations of the Act. Revises the current offense of using or carrying a firearm during commission of a Federal felony to: (1) include use of a destructive device; (2) delete the act of "carrying" a firearm to commit a felony; and (3) limit such offense to felonies over which the Federal courts have exclusive jurisdiction. Retains the current penalty (one to ten years) for first offenses. Increases the penalty for second or subsequent offenses to five to 25 years' imprisonment (currently, two to 25 years). Extends to first offenders the stipulations, currently applicable only to second offenders, that the court not suspend any sentence or grant probation. Deletes the prohibition against concurrent sentences. Prohibits the granting of parole to first and subsequent offenders. Declares that no person shall be subject to the additional, mandatory penalties if use of the firearm or destructive device was to protect persons or property. Amends the forfeiture provision to subject to seizure any firearm or ammunition "involved in or used" in any violation of the Act (instead of "involved in or used or intended to be used"). Directs the court to award attorney fees to the prevailing party (other than the United States) in a proceeding for the return of seized firearms or ammunition. Requires the court to award such fees in any other action upon a finding that the action was without foundation or was initiated in bad faith. Limits seizure to firearms individually identified as involved in the violation. Revises the current procedure allowing persons who have been convicted of a crime to apply to the Secretary for relief from the firearms prohibitions to make the following changes. Permits any person prohibited from possessing, shipping, transporting, or receiving firearms or ammunition to apply for relief. Requires, instead of permits, the Secretary to grant release, unless the applicant will be likely to act in a manner dangerous to public safety. Permits any person who is denied relief to seek de novo judicial review in Federal court. Makes the authority of the Secretary to permit importation of certain types of firearms and ammunition nondiscretionary. Extends the types of sporting firearms which may be imported. Amends the rulemaking authority of the Secretary to provide that no regulation may require the transfer of records required under this Act to a facility owned, managed, or controlled by the United States or any State or the establishment of any system of registration of firearms, firearms owners, or firearms transactions. Requires a 90-day public comment period for proposed regulations (no period is currently specified). Establishes a Congressional veto procedure with respect to firearms regulations. Authorizes either House of Congress to adopt a resolution of disapproval within 90 days of the rule's promulgation. Prohibits the Secretary from prescribing regulations which require purchasers of black powder to complete affidavits or forms attesting to their exemption from certain provisions of the Federal criminal code. Declares any law or regulation promulgated by any State prohibiting the transfer of an unloaded and not readily accessible firearm or ammunition null and void. Title II: Amendments to Title VII of the Omnibus Crime Control and Safe Streets Act of 1968 - Repeals title VII of the Omnibus Crime Control and Safe Streets Act (relating to the receipt, possession, or transportation of firearms by felons, veterans dishonorably discharged, mental incompetents, illegal aliens, and persons renouncing their United States citizenship).
United States · United States Congress · 29 April 1981
Armed Services Procurement Policy Act of 1981 - Permits the Secretary of a military department to acquire services and property by any kind of contract, excluding cost-plus-a-percentage-of-cost contracts, but including multiyear contracts of not more than five years. Sets forth the factors the Secretary should consider in entering such contracts, including the national security interests of the United States, the continuing requirement for the property to be purchased, and whether furnishing such property requires a substantial investment in plant or equipment by the contractor. Directs the Secretary to notify the appropriate committees of Congress whenever any military contract contains a cancellation ceiling in excess of $50,000,000. Requires the cancellation of multiyear contracts if funds are not made available in subsequent fiscal years. Directs the Secretary of Defense and the Director of the Office of Management and Budget to modify regulations to conform with this Act. Amends the Department of Defense Appropriation Authorization Act, 1976, to make conforming changes.
United States · United States Congress · 28 April 1981
Coastal Barrier Resources Act - Declares the findings and intentions of Congress in regard to the fish, wildlife, and other natural resources associated with the coastal barriers along the Atlantic and Gulf coasts of the United States. Establishes the Coastal Barrier Resources System (System) which shall consist of specified undeveloped coastal barriers on the Atlantic and Gulf coasts. Requires that certain coastal barrier maps shall be available for public inspection through the United States Fish and Wildlife Service. Directs the Secretary of the Interior to provide copies of such maps to the chief executive officer of: (1) each State and political subdivision in which a System unit is located, and (2) each affected Federal agency. Directs the Secretary to make necessary modifications to such maps and to notify specified Congressional committees of the same. Limits, to specified projects, Federal expenditures on such projects or financial assistance for purposes within the System. Lists those projects eligible for financial assistance. Requires the Director of the Office of Management and Budget to certify annually to Congress that the Federal agencies concerned have complied with the provisions of this Act. Declares that no provision of this Act shall be construed to invalidate any provision of State or local law. Sets forth the contents of reports to be filed by the Secretary with specified Congressional committees. Authorizes appropriations to the Department of the Interior for fiscal years 1982 through 1986 for the purposes of this Act.
United States · United States Congress · 27 April 1981
Constitutional Amendment - Proclaims the English language to be the official language of the United States. Prohibits the United States, the States, and any Federal or State court from requiring the use of any other language. Stipulates that this article shall not prohibit educational instruction in a language other than English for the purpose of making students proficient in English.
United States · United States Congress · 27 April 1981
Declares that the Senate urges: (1) the Civil Aeronautics Board and other Federal agencies to refrain from any extraordinary action in regard to the proposed merger between Texas International Airlines and Continental Airlines; and (2) the Board to proceed with consideration of such merger under its regular procedures.
United States · United States Congress · 27 April 1981
Declares the sense of the Congress that the President shall take steps to: (1) call upon the Soviet Union to permit the resurrection of the Ukrainian Orthodox and Catholic Churches; (2) contact the officials of the Soviet Union to secure freedom of worship in the Ukraine; and (3) bring to the attention of national and international religious councils Soviet violations of basic human rights.
United States · United States Congress · 9 April 1981
Amends the Reclamation Safety of Dams Act of 1978 to increase authorized appropriations for fiscal year 1982 and ensuing fiscal years to preserve the structural safety of Federal dams.
United States · United States Congress · 9 April 1981
National Export Policy Act of 1981 - Title I: General Findings and Purposes - Sets forth congressional findings and the purposes of this Act. Title II: Export Financing - Amends the Export - Import Bank Act of 1945 to establish staggered, ten-year terms of office for the Bank directors. Requires the House and Senate Appropriations Committees to consider limitations on Bank activities when considering appropriations for international trade activities rather than when considering foreign assistance activities. Title III: Export - Related Tax Policy - Amends the Internal Revenue Code to increase the earned income exclusion for citizens working abroad, who are bona fide residents of a foreign country, from an annual rate of $20,000 to $50,000 plus 50 percent of such individual's compensation which exceeds $50,000 but does not exceed $75,000, if such persons qualify as bona fide residents for certain specified periods. Allows separate exclusions to married individuals who are both working overseas, although one's excess exclusion cannot be used against income earned by the other. Provides a tax exclusion for such individuals for the amount by which such individual's housing expenses exceed 16 percent of a GS-14, step 1 salary level for a Federal employee. Permits such individuals to include in the computation of housing expenses the costs of a second foreign household if such individual's family resides outside the United States but not with the individual because of adverse living conditions where the individual resides. Repeals similar deductions for cost-of-living differential, schooling expenses, home leave travel expenses, and residence in a hardship area. Excludes from an employee's gross income any lodging furnished the employee by an employer in a camp which meets specified requirements. Repeals the current provisions relating to deductions for certain expenses of living abroad. Provides that the foreign bad debt loss deduction shall not exceed the greater of 15 percent of the taxpayer's taxable income from exports, or two percent of the taxpayer's export receivables outstanding at the close of the taxable year. Provides that the amount of bad debt losses that may be added to a bad debt reserve shall not exceed five percent of the taxpayer's export receivables outstanding as of the close of the taxable year. Permits the amortization, based on a period of 60 months, of: (1) foreign market studies; (2) foreign marketing expenses; and (3) foreign patents. Permits an income tax deduction for currency fluctuation losses on export credit which have not been repaid by the end of the taxable year. Authorizes the Secretary of the Treasury to extend the six-month deadline for exempting exports from the manufacturer's excise tax for an additional 12 months if it is determined, after consultation with the Secretary of State, that exports were delayed because of war, civil unrest, or similar adverse conditions in a foreign nation. Amends the Foreign Trade Zones Act to authorize the Secretary of Commerce to approve the duty-free entry of machinery, materials, and fuels to be used for the production of goods in a foreign trade zone if such goods are not subsequently entered into U.S. customs territory. Sets forth requirements before applications for such treatment will be approved. Makes such approval valid for six years. Requires the Foreign Trade Zones Board to include in its annual report to Congress a summary of activities and proposals to increase the use of foreign trade zones to expand U.S. exports. Makes banking organizations which have invested in an export trading company eligible for treatment as domestic international sales corporations (DISC). Includes the gross receipts from the export of services produced in the United States and from export trade services as qualified export receipts, in the case of a DISC which is an export trading company. Directs the Secretary of Commerce, with the Secretary of the Treasury, to develop and distribute information concerning the utilization of the DISC provisions. Makes export trading companies eligible for Subchapter S treatment if the shareholders of such companies are otherwise small business corporations. Exempts such companies from restrictions on the amount of foreign income they can receive and still be eligible for Subchapter S tax treatment. Title IV: Antitrust - Amends the Webb-Pomerene Act to exempt the export trade, export trade activities, and methods of operation of certified export trade associations and export trading companies from the antitrust laws. Delays the effectiveness of any certificate upon the notification of the Secretary of Commerce by the Attorney General or the Federal Trade Commission (FTC) of disagreement with the decision to issue a certificate. Sets forth the procedure to be followed by any association, company, or export trading company seeking certification under this Act and by the Secretary in issuing such certificates. Permits automatic certification of existing associations. Provides for appeal of the Secretary's denial of certification. Authorizes the Attorney General or the FTC to bring an action to invalidate a certification. Requires the Secretary, in consultation with the Attorney General and the FTC, to publish guidelines for determining whether an association or export trading company will meet the certification requirements. Requires certified associations and export trading companies to submit annual reports to the Secretary. Directs the Secretary to establish within the Department of Commerce an Office of Export Trade. Requires such Office to report annually to the appropriate congressional committees on all East-West trade transactions requiring validated licenses and on the role of U.S. export trading companies in such trade. Grants a temporary exemption from the Sherman Act antitrust provisions for existing associations. Requires, with specified exceptions, that all applications for certification be kept confidential. Authorizes the Secretary to require an association or trading company to modify its operation to be consistent with international obligations of the United States. Directs the President to appoint, with the Senate's advice and consent, a task force, seven years after enactment, to examine the effect of this Act and to make recommendations. Directs the Attorney General to study whether: (1) U.S. business conduct to expand exports conflicts with basic antitrust principles; and (2) a more liberal enforcement policy for overseas activities would impede implementation of the antitrust laws. Requires the Attorney General to identify such conduct which would not warrant prosecution under the antitrust laws. Sets forth the procedures for describing such permissible conduct and disclosing such descriptions. Authorizes the Secretary of Commerce to intervene in such suits and to provide legal assistance to exporters. Prohibits prosecution under the antitrust laws of exporters who: (1) have notified the Attorney General of their intention to engage in such designated conduct; or (2) receive an approval, or no objection, from the Attorney General concerning proposed transactions. Requires the Attorney General and the Secretary of Commerce to report to Congress concerning implementation of this section. Authorizes appropriations for the Attorney General and the Secretary of Commerce for carrying out the simplification of antitrust procedures. Title V: Amendments to Other Laws That Hinder Exports - Changes the name to the Business Practices and Records Act. Amends the Securities Exchange Act of 1934 to require securities issuers to maintain an internal accounting system that provides reasonable assurance that specified accountability and accuracy goals are met. Establishes the degree of previous knowledge necessary to find liability for violations of the accounting standards. Requires only good faith efforts at ensuring compliance by issuers who hold 50 percent or less of the equity of domestic or foreign firms. Transfers from the Security and Exchange Commission to the Department of Justice jurisdiction to enforce the antibribery prohibitions of the FCPA with respect to issuers. Changes the jurisdictional basis of the current corrupt practices prohibition to prohibit bribery "with respect to activities in interstate or foreign commerce" (currently, the basis is use of the mails or interstate commerce "in furtherance" of bribery). Prohibits payments or promises made "directly or indirectly" by a domestic concern to a foreign official if they are made to influence a foreign official's act or induce such an official to violate a legal duty. Prohibits domestic concerns from directing or authorizing such payments. Exempts from such prohibition any payment to a foreign official to facilitate or expedite performance of official duties which is customary in the country where made. Enumerates additional exemptions, including items of value given in return for hospitality or in token of regard and esteem, and marketing or demonstration expenses pertaining to the business presentation. Empowers the Attorney General to undertake any civil investigation which is necessary to enforce the Act. Makes the provision in the Business Practices and Records Act the exclusive Federal law authorizing Federal proceedings against a domestic concern for using the mails or any instrumentality of interstate commerce to violate such Act. Requires an interagency task force to issue guidelines specifying permissible conduct and arrangements associated with common types of export sales arrangements and business contracts and precautionary procedures creating a rebuttable presumption of compliance. Provides for the establishment of a Business Practices and Records Act Review Procedure to answer specific inquiries concerning enforcement of such Act. Requires the Attorney General to issue opinions regarding compliance. Makes such opinions final and binding on all parties if the conduct does not involve a violation. Requires annual reports to Congress by: (1) the Attorney General concerning actions taken pursuant to such Act; and (2) the Chairman of the Securities and Exchange Commission concerning the reporting requirements. Expresses the sense of the Congress that the President should negotiate agreements establishing standards of conduct for international business practices, a resolution procedure, and rates of commissions. Directs the President to report to Congress concerning the progress of such negotiations. Requires Congress to review the Business Practices and Records Act after receiving the President's report. Directs the President to report to Congress on the legal and practical consequences of specific action that the United States could take under existing law to: (1) promote international cooperation to prevent bribery of foreign officials, candidates, or parties in third countries; and (2) encourage persons or businesses operating in foreign countries to refrain from bribing foreign officials, candidates, or parties to the disadvantage of U. S. industry. Requires the report to contain recommendations for new legislation and an analysis of the potential effect on U. S. interests of the corruption of foreign officials and political leaders. Requires an export competitiveness impact statement from any issuing authority taking significant action which could affect adversely U.S. exports or the international competitive position of the United States and its exporters. Expresses the sense of Congress that export paperwork must be reduced to encourage export sales. Requires all agencies to minimize paperwork and reporting requirements. Title VI: Export Awareness and Export Promotion Programs - Export Trading Company Act of 1981 - Directs the Secretary of Commerce to promote export trading companies by providing information and by facilitating contacts between producers of exportable goods and export trading companies. Authorizes any banking organization to invest specified amounts in export trading companies upon notifying, but without obtaining the prior approval of, the appropriate Federal banking agency, if such investment does not cause an export trading company to become a subsidiary of such organization. Allows greater investment by Edge Act Corporations not engaged in banking. Permits any banking organization to invest beyond such limitations with prior approval of the appropriate Federal banking agency. Requires prior notification of such agencies in specified circumstances. Sets forth further limitations on export trading companies and investments by banking organizations. Specifies factors to be taken into consideration by the banking agencies. Permits such agencies to impose conditions in approving applications to invest in export trading companies. Requires such agencies to report to the appropriate Congressional committees with their recommendations concerning implementation of this Act, related changes in U.S. law, and effects of ownership of U.S. banks by foreign banking organizations. Provides for judicial review of denial orders in the appropriate U.S. Court of Appeals. Sets forth the grounds for disapproval. Provides for remand for further consideration by the banking agency. Directs the Economic Development Administration and the Small Business Administration to give special weight to export-related benefits when considering applications for loans and guarantees by export trading companies. Authorizes appropriations for fiscal years 1982 through 1986 for such initial investments and operating expenses. Directs the Export-Import Bank of the United States to provide loan guarantees for expansion to export trading companies or exporters to be secured by accounts receivable or inventories when adequate financing is not otherwise available. Directs the Board of Directors to try to insure that a major share of such guarantees promotes exports from small, medium-size, and minority businesses or agricultural concerns. Amends the Small Business Act to empower the Small Business Administration to extend credit to finance export assistance. Sets a maximum of $750,000 which may be committed to any borrower from the business loan and investment revolving fund. Directs the Secretary of Commerce to enter into cooperative agreements with industrial corporations to develop foreign markets for their products. Requires the Secretary to direct specific market research for the products involved in foreign markets upon entering such agreements. Permits interested industrial corporations to submit a proposal incorporating specific marketing actions to the Secretary. Authorizes the Secretary to enter into a marketing agreement after approving any such proposal. Requires repayment of the Federal share of the costs by the entity entering into such an agreement. Authorizes appropriations to carry out such agreements. Directs each Federal agency and U.S. representative to any international organization to: (1) identify programs affecting the export of U.S. firms' services; (2) make available information concerning such programs; (3) establish programs to publicize export-related programs for services; and (4) modify those programs with an adverse effect on the export of services. Makes the Secretary of Commerce responsible for coordinating such programs. Directs the Department of Treasury to report to Congress concerning the feasibility of extending DISC treatment to the export of services. Title VII: Agricultural Exports - Amends the Commodity Credit Corporation Charter Act to establish the Agricultural Export Credit Revolving Fund to be available for: (1) the export of, or aid in the development of foreign markets for, agricultural commodities; and (2) loans for the acquisition of facilities in foreign countries to improve the countries' capacities to handle agri-commodities exported from the United States. Authorizes appropriations for such Fund for fiscal years 1982 through 1984. Directs the Secretary of Agriculture to report to Congress annually concerning the export credit sales program. Abolishes such fund effective October 1, 1984. Amends the Export-Import Bank Act of 1945 to require the ratio of credit extended by the Export-Import Bank for agricultural exports in comparison with the total amount extended be at least equivalent to the value of agricultural exports in comparison with total value of exports. Specifies exceptions to this requirement. Title VIII: International Agreements - Expresses the sense of Congress that: (1) the multilateral trade agreement be strongly implemented; and (2) the efforts must continue to secure a freer world trading environment. Directs the Secretary of Agriculture to implement a special export subsidy program for agricultural commodities to neutralize the effects of foreign export subsidy programs. Specifies the circumstances required before such program may be implemented. Expresses the sense of Congress that the President should enter into negotiations for international codes of: (1) official export financing; (2) business conduct; (3) reciprocity of antitrust enforcement; and (4) fair trade in services. Requires the President to report to Congress concerning the progress of such negotiations. Title IX: Government Support of Export Goals - Overseas Private Investment Corporation Act of 1981 - Establishes the Overseas Private Investment Corporation (OPIC) as an independent agency. Sets forth the duties of OPIC. Provides for the capital of OPIC to be paid in through the appropriation process and through transfer from OPIC's earned income. Sets forth the structure of OPIC with a Board of Directors, a President of the Corporation, an Executive Vice President of the Corporation, other officers and staff, and consultants. Authorizes OPIC to issue insurance to eligible investors covering new or existing investments protecting against specified risks. Authorizes OPIC to make arrangements with foreign governments or multilateral organizations for sharing liabilities. Limits the insurance that may be issued to a single investor. Authorizes OPIC to issue guarantees of loans and other investments. Sets forth limitations on such guarantees. Authorizes OPIC to make direct loans to privately owned or mixed publicly and privately owned firms for projects sponsored by or significantly involving small businesses or cooperatives. Limits the circumstances under which OPIC may acquire stock in any other corporation. Authorizes OPIC to initiate and support the identification, assessment, and promotion of private investment opportunities, with specified exceptions. Authorizes OPIC to administer special projects to provide private technical, professional, or managerial assistance in the development of human resources, skills, technology, capital savings, and intermediate financial institutions and cooperatives. Authorizes OPIC to engage in other insurance, reinsurance, and risk sharing activities with other insurance companies, financial institutions, persons, or groups. Limits the amount of reinsurance of liabilities which OPIC may issue. Limits the amount of maximum contingent liability pursuant to insurance or guarantees issued under this Act which may be outstanding at any one time. Establishes the: (1) Direct Investment Fund as a revolving fund to be available for direct investments; and (2) Insurance Reserve and Guaranty Reserve to be available for discharging liabilities. Authorizes appropriations to the investment and guaranty fund in specified circumstances. Authorizes OPIC to issue obligations in specified circumstances in order to discharge liabilities. Requires that all revenues and income transferred to or earned by OPIC be available to carry out OPIC's purposes. Directs OPIC to determine that suitable arrangements exist for protecting OPIC's interests in connection with any insurance, guaranty, or reinsurance issued under this Act. Pledges the full faith and credit of the United States for the full payment and performance of previous obligations. Sets forth conditions with respect to insurance, guaranty, and reinsurance coverage under this Act concerning fees, time limits, fraud, and settlement of disputes. Sets forth administrative provisions and duties applicable to OPIC. Requires OPIC to undertake to broaden the participation of small business, cooperatives, and other small investors in the development of small private enterprise in less developed friendly countries or areas. Directs OPIC to report annually to Congress concerning its operations. Amends the Foreign Assistance Act of 1961 to define "eligible investor" in terms of this Act with respect to housing guarantees. Repeals provisions: (1) prohibiting the transfer of OPIC funds between accounts; (2) authorizing the President to deny assistance to any less developed country which fails to enter into an agreement to institute the investment guaranty program; and (3) establishing OPIC. Declares that nothing in this part shall be construed as terminating any of OPIC's statutory authority. Requires the President of OPIC to submit to the appropriate Congressional committees any necessary technical or conforming amendments. Declares that the potential for U.S. exports shall be a primary decisionmaking factor in considering which projects to include in U.S. foreign aid programs. Declares that the Office of Management and Budget should assure that adequate budget allocations are made available to carry out the programs prescribed in this Act. Declares that the Department of Justice should do what it can to facilitate procedures for exporters. Declares that the Small Business Administration should: (1) be aware of the benefits of export to small business development; and (2) use every opportunity to provide information and assistance to potential exporters. Declares that the U.S. ability to export coal, nuclear power fuels, and other energy materials in a reliable manner should be a key consideration. Directs congressional committees to include in their reports the effect of the bill or resolution on the international competitiveness of the United States. Creates a National Export Council to: (1) serve as a national advisory body on matters relating to United States export trade; (2) act as a liaison among the communities represented by its membership; and (3) provide advice on Federal plans and actions that affect export promotion and development policies which have an impact on those communities represented by its membership. Requires the Council to report annually to the President and the Congress on its activities. Authorizes the Secretary of Commerce to appoint commercial ministers, counselors, and attaches (with the rank and privileges of other ministers, counselors, and attaches in U.S. embassies and consulates) to: (1) provide trade and commercial service; (2) engage in the promotion of U.S. exports; (3) file semiannual reports to the Secretary on market, industrial, and commodity conditions in their districts and on the implementation of multilateral and bilateral trade agreements; and (4) maintain current data on the commercial standing and capacity of foreign firms within their districts. Provides for domestic assignment, office logistics, allowances, and benefits of such ministers, counselors, and attaches. Directs the Comptroller General to report to Congress with any recommendations concerning: (1) the organization of international trading and financing programs in the United States; (2) the effectiveness of foreign export promotion programs; and (3) the trade activities of specified Federal agencies. Expresses the sense of Congress that the appropriate congressional committees should review periodically the trade organization of the U.S. Government.
United States · United States Congress · 8 April 1981
Amateur Radio Service and Private Land Mobile and Fixed Services Act of 1981 - Amends the Communications Act of 1934 to authorize the Federal Communications Commission (FCC) to regulate minimum performance standards for audio and visual electronic equipment to reduce their susceptibility to radio interference. Directs the FCC to regulate or prohibit delivery of radio frequency transmitters, power amplifiers, or component kits thereof to unlicensed persons. Exempts amateur radio transmissions, transmissions by radio stations for the general public, and distress transmissions from the secrecy provisions of such Act. Extends the term of licenses of non-broadcasting stations from five to ten years. Requires the FCC to consider specified items in managing the spectrum available to the private land mobile and fixed services. Authorizes the FCC to delegate to non-Governmental coordinating committees the coordination of specified frequencies for stations in the private land mobile and fixed services. Authorizes the FCC to use as volunteers: (1) licensed amateur station operators to monitor amateur station transmission violations; (2) licensed citizens band radio operators to monitor citizens band transmission violations; and (3) licensed amateur station operators whose license is not of the least privileged class of license to prepare or administer examinations for the least privileged class of amateur station operator license. Prohibits any such volunteer from being considered a Federal employee.
United States · United States Congress · 8 April 1981
Farm Labor Contractor Registration Act Amendments of 1981 - Amends the Farm Labor Contractor Registration Act of 1963 to exempt from the definition of "farm labor contractor": (1) any person supplying migrant workers for employment in his own agricultural operation (currently the employer must personally engage in such hiring); (2) bona fide employees who perform such activity for their employer (currently full-time or regular employees who engage only incidentally in such activity); (3) any person who supplies students or other persons whose principal occupation is nonagricultural to perform certain seed industry work (currently only applies to corn and sorghum with a maximum four-week work period); and (4) nonprofit or cooperative associations of farmers, growers, or ranchers and their employees. Defines the terms "for such person's own operation" and "bona fide employee" for purposes of such Act. Redefines "migrant worker" to mean a seasonal or temporary agricultural worker who can not normally return to his or her domicile after each working day (currently anyone employed in agriculture).
United States · United States Congress · 8 April 1981
Directs the Secretary of the Interior to permit the National Committee of American Airmen Rescued by General Mihailovich to construct and maintain a monument to General Draza Mihailovich in recognition of the role he played in saving the lives of approximately five hundred United States airmen in Yugoslavia during World War II. Provides that such monument shall be located on Federal public land within the District of Columbia or environs. Directs that private funds shall be the sole source for the construction and maintenance of such monument.
United States · United States Congress · 8 April 1981
Proclaims Raoul Wallenberg an honorary citizen of the United States. Requests the President to ascertain his whereabouts from the Soviet Union and to secure his freedom.
United States · United States Congress · 7 April 1981
Small Business Innovation Research Act of 1981 - Amends the Small Business Act to direct the Small Business Administration (SBA) to: (1) maintain an information program to provide small businesses an opportunity to participate in Federal small business innovation research (SBIR) programs; (2) coordinate a schedule for release of agency SBIR solicitations and prepare a master release schedule; (3) monitor SBIR programs within Federal agencies; and (4) report annually to the Congressional Small Business Committees on the SBIR programs. Requires each Federal agency with a research and development budget in excess of $100,000,000 in fiscal year 1982 or any subsequent fiscal year to spend a specified percentage of its budget in connection with an SBIR program. Requires each Federal agency with a research and development budget in excess of $20,000,000 for fiscal year 1982 or any subsequent fiscal year to establish specific goals for funding research and development agreements with small businesses. Directs each Federal agency with an SBIR program to report annually to the SBA the number of awards over $10,000 in amount made under the SBIR program and to concerns other than small business concerns. Directs the Administrator of the Office of Federal Procurement Policy, in conjunction with the SBA, to promulgate regulations for the conduct of the SBIR programs. States that this Act does not authorize the appropriation of funds.
United States · United States Congress · 7 April 1981
Telecommunications Competition and Deregulation Act of 1981 - Title I: General - Amends the Communications Act of 1934 to declare that such Act applies to, and the Federal Communications Commission (FCC) has jurisdiction over: (1) all interexchange and foreign telecommunications and all radio transmissions originating or received within the United States; (2) the licensing and regulating of all radio stations; and (3) all persons engaged in such telecommunications or radio transmissions within the United States. Title II: Domestic Telecommunications - Directs the FCC to establish a transition plan to foster marketplace competition and to implement deregulation for interexchange telecommunications services, equipment, and carriers. Requires such plan to: (1) classify common carriers; (2) establish and implement an accounting system; (3) provide a procedure for the formation of fully separated affiliates and to monitor compliance; and (4) provide for practices and procedures for exchange access charges and a Universal Service Pool in substitution for existing arrangements. Directs the FCC to revise, reduce, or eliminate rules with respect to telecommunication services or carriers operating in a competitive market. Grants the FCC continuing authority over the provision of regulated telecommunications services and carriers. Authorizes FCC regulation to: (1) deal with anticompetitive practices between any fully separated affiliate and the dominant-regulated carriers or their affiliates; and (2) protect users of telecommunications services in connection with dealings between any dominant- regulated carrier, its affiliates, and any fully separated affiliate. Permits management personnel of any dominant-regulated carrier to direct operations of such carrier, any affiliate, and any fully separated affiliate as long as the costs of such direction are properly allocated. Directs the FCC to assure that the amendments made by this Act do not result in unreasonable charges for basic telephone service. Prohibits the FCC from preventing or limiting, except in specified cases, the use of any technology or improvement for telecommunications services. Denies the FCC the authority to include in radio licenses any condition inconsistent with any limitation imposed upon its own authority over domestic telecommunications. Requires the FCC to identify and classify those carriers serving more than 50,000 main and equivalent stations and derive revenue from the provision of basic telephone service as regulated carriers. Classifies the American Telephone and Telegraph Company (AT&T) as a dominant-regulated carrier. Directs the FCC to classify or reclassify, as a regulated carrier, any carrier which owns or controls telecommunications facilities for which there is no reasonable availably alternative or which provides any other regulated service. Directs the FCC to classify or reclassify, as a dominant-regulated carrier, any regulated carrier which is dominant in the provision of telecommunications services in a substantial percentage of the total number of markets or submarkets for telecommunications services. Prohibits: (1) the FCC or any State commission from regulating the resale of any telecommunications service; (2) any regulated carrier from establishing or enforcing any restrictions on the resale or use of any service provided by such carrier; and (3) any dominant-regulated carrier from engaging in any resale activity except through a fully separated affiliate. Requires the Postal Service to meet specified requirements regarding provision of telecommunications services. Authorizes the FCC to prescribe different requirements for different regulated carriers or to exempt carriers from the requirements of this Act relating to common carriers. Prohibits the FCC from imposing any requirements on unregulated carriers which are not specifically provided in this Act. Makes a regulated carrier liable for injuries to persons caused by violations of this Act. Requires every telecommunications carrier and the Postal Serivce to establish, upon request, interconnection of its regulated service with any: (1) telecommunications carrier; (2) telecommunications facility or private telecommunications system; and (3) customer premises equipment which meets certain standards. Prohibits such carrier from discriminating in an unreasonable or anticompetitive manner with respect to the conditions for interconnection. Requires every telecommunications carrier to make available, upon request, any regulated telecommunications service and to establish tariffs in connection with such service. Makes unjust, unreasonable, or discriminatory tariffs unlawful. Requires telecommunications carriers providing regulated telecommunications services to file with the FCC and publish: (1) the information the FCC needs to fulfill its obligations under this Act; and (2) the tariffs (schedules of charges) for regulated telecommunications services. Prohibits any regulated carrier from: (1) engaging in such services unless the tariffs have been filed and published; (2) charging a fee different from the one specified in such tariff; (3) refunding any portion of the charges so specified; and (4) extending to any person any privileges or enforcing any regulations affecting any charges except as specified in such tariff. Prohibits any new or revised tariff from taking effect until the FCC has accepted it or accepted it with conditions. Provides for public notice and hearings on contested tariffs. Prohibits the FCC and any State commission from considering revenues derived from unregulated activities. Authorizes the FCC to exempt regulated carriers from the provisions relating to: (1) the effective dates of tariffs; and (2) publishing information on fees and practices. Requires every regulated carrier subject to this Act to file with the FCC copies of all contracts or agreements with other carriers relating to regulated telecommunications service. Authorizes the FCC to require or exempt such carriers from filing copies of minor contracts. Authorizes the FCC to appraise any or all of the property owned or used by any regulated carrier and by any regulated exchange carrier which originates, terminates, or transfers interexchange (long distance) or foreign telecommunications. Repeals the provision relating to the Interstate Commerce Commission valuation of such property. Permits non-dominant-regulated carriers, upon notifying the FCC, to construct, acquire, or use new or extended exchange telecommunications facilities. Authorizes the FCC to require such carriers to obtain a certificate of public convenience and necessity before such construction, acquisition, or operation. Requires dominant-regulated carriers to obtain such a certificate. Permits the FCC to authorize a long-term facilities construction plan for a regulated carrier, rather than requiring such carrier to obtain a separate certification for each element of such plan. Authorizes the FCC to condition or refuse such certification. Authorizes the FCC to require, after opportunity for a hearing, a regulated carrier to extend its facilities for the expeditious and efficient performance of its services. Makes it lawful for telecommunications carriers jointly to meet, plan, and coordinate telecommunications networks under the auspices of the FCC. Provides no exemption for any carrier from the antitrust laws for any action taken by such carrier which is an antitrust violation when taken by a single carrier. Authorizes temporary or emergency augmentations or reductions of facilities without regard to these provisions. Requires any dominant-regulated carrier and its affiliates to: (1) file with the FCC a description of the operational protocols and technical interface requirements for connection with or use of any regulated telecommunications services; and (2) report regularly to the FCC on specified changes and activities. Prohibits disclosure of such information to a fully separated affiliate until filed. Requires such information to be available to the public unless the FCC determines it would be detrimental to national security or emergency preparedness. Requires the FCC to prescribe, and all regulated carriers to comply with, general records guidelines designed to accomplish a complete allocation of revenues and costs between regulated and unregulated goods and services. Requires the FCC to establish: (1) the classes of property used by any regulated carrier which are subject to the FCC's or any State commission's regulatory authority; and (2) the methods by which investments in such classes of property may be recovered. Permits such recovery methods to include capital recovery schedules or percentage depreciation schedules. Requires such methods to include specified provisions. Repeals the forfeiture provision for failure to keep required records. Requires the FCC to establish a Joint Board to ascertain and apportion the costs of providing access to exchange facilities for interexchange services. Requires the FCC to establish uniform practices to ascertain and apportion such costs for comparable types of interconnections. Requires exchange carriers providing exchange access to file with the FCC a tariff governing the charges or to establish the charges for the use of its exchange facilities by any telecommunications carrier, any carrier providing foreign telecommunications services, any affiliate of such carrier, and certain private telecommunications systems. Exempts certain small State-certified exchange carriers from such requirements. Authorizes the use of an averaged cost schedule rather than data from individual cost studies in calculating access charges for such State-certified exchange carriers. Authorizes State commissions to include in such charges any use of the exchange telecommunications facilities which originates or terminates interexchange telecommunications service. Requires the FCC to promulgate standards for such access charges within a specified time. Requires each State commission to establish exchange telecommunications areas within its State. Requires any change in the boundaries of such areas after enactment of this Act to meet specified criteria. Sets forth conditions concerning the relationship of a fully separated affiliate with its dominant-regulated carrier. Prohibits any dominant-regulated carrier and its fully separated affiliates from: (1) conducting business with each other on a discriminatory or preferential basis; (2) owning property jointly or in common, except international telecommunications property; or (3) engaging in any joint sales or marketing except advertising for which each party pays its pro rata share. Deems a dominant-regulated carrier to have established a fully separated affiliate only after the FCC finds that the relationships of such carrier with such affiliate comply with specified requirements. Prohibits a dominant-regulated carrier from disclosing to any fully separated affiliate any commercial information acquired in providing regulated telecommunications services which would provide an unfair competitive advantage. Authorizes the FCC to require specific categories of information to be made generally available. Establishes interim procedures for American Telephone and Telegraph Company (AT&T) research, development, and manufacturing activities until AT&T establishes such fully separated affiliates. Requires AT&T to receive FCC approval before offering any telecommunications service or customer premises equipment on an unregulated basis. Requires that the following equipment-related functions and activities, which must be offered exclusively by a fully separated affiliate, be performed by a fully separate affiliate or nonaffiliate by specified dates: (1) final assembly; (2) research and development activity relating to equipment design information used in final assembly or relating to software programming; (3) subassembly within such final assembly; and (4) the manufacture of any basic component within such final assembly. Requires the establishment of an assets evaluation board to determine the value of assets transferred from AT&T to any fully separated affiliate. Permits the FCC to waive such transition schedule if intervening events beyond the control of AT&T render it incapable of compliance. Requires research services and equipment transferred to a fully separated affiliate to be furnished to any fully separated affiliate for a fully compensatory amount not less than the amount charged to nonaffiliates for similar services and equipment. Requires business conducted in connection with such service or equipment to be conducted under terms the same as those between nonaffiliates. Exempts from such requirement any terms for such business which AT&T can demonstrate to the FCC result from more efficient operation and lower direct costs and not from the allocation of common overhead or other similar factors. Prohibits the FCC from establishing requirements inconsistent with this Act which relate to: (1) the structure of any affiliate or fully separated affiliate; (2) activities of a dominant- regulated carrier which this Act requires to be conducted by a fully separated affiliate; or (3) the conduct of business between any dominant-regulated carrier or affiliate and any fully separated affiliate. States that the 1956 consent decree involving AT&T shall not bar AT&T and any affiliates from providing telecommunications service or equipment, customer-premises equipment, or information service so long as unregulated telecommunications service is conducted by fully separated affiliates. Prohibits, with specified exceptions, AT&T or any affiliate of AT&T from providing cable service, mass media service, or mass media product through any facility owned or controlled by AT&T or any affiliate within any area in which AT&T is providing exchange telecommunications service. Authorizes AT&T through certain separated affiliates to provide: (1) weather, time, and sports information; (2) any information service in which AT&T or any affiliate was engaged on a specified date; and (3) printed or electronic directory advertising. Sets forth the benefits, rights, and entitlements of an employee transferred from a dominant-regulated carrier or an affiliate to a fully separated affiliate. Permits a fully separated affiliate and any union representing the employees of such unit to enter into a collective bargaining agreement which will supersede any such agreement between such carriers and the transferred employee. Authorizes the FCC to coordinate the development and establishment of arrangements among regulated interexchange and carriers providing foreign telecommunications for mutual backup, restoration, and interconnection of each other's services necessary for national security. Authorizes the President to require any carrier subject to this Act to furnish, for compensation, telecommunications services or facilities to any Federal agency if such service is necessary to promote national security. Directs the President to coordinate any government program for enhancing the survivability of exchange, interexchange, and international telecommunications facilities and protecting against the unauthorized interception of telecommunications traffic. Directs the Chairman of the FCC to designate an "Emergency Preparedness Commissioner" responsible for developing such backup systems. Prohibits the FCC or any State from regulating the production, marketing, or other provision of customer-premises equipment or information services. Directs the FCC to prescribe regulations for separate pricing on a fair market value basis of such equipment or services or cable services offered in conjunction with a regulated service by a regulated carrier. Permits the FCC to establish and enforce minimum uniform technical standards for customer-premises telecommunications equipment. Authorizes the FCC to establish labeling requirements for such equipment. Exempts the use of any information processing capability in support of a telecommunications service or system from the provisions of this Act concerning the provision of an information service. Prohibits any dominant-regulated carrier from providing any customer-premises equipment, except through a fully separated affiliate, after a specified time. Authorizes the FCC, until a specified time, to require any unregulated carrier to continue to interconnect its telecommunications facilities with any person for a reasonable period of time if withdrawal of such interconnection would result in an unreasonable hardship. Requires each regulated carrier to continue, for a specified time, to provide under tariff any telecommunications service which such carrier is providing upon the enactment of this Act. Directs the FCC to determine which of such services will continue to be regulated, or shall be unregulated through a fully separated affiliate, or subject to specified safeguards. Authorizes the FCC to determine what basic telecommunications service should be universally available. Permits any person to petition the FCC to classify any interexchange telecommunications service as basic. Directs the FCC to hold a hearing upon granting such petition to determine the terms and conditions of such service. Presumes that unregulated marketplace competition will universally provide such service, unless it is clearly and convincingly demonstrated that regulation is necessary. Permits the FCC to review any such determination and to terminate regulation of service when regulation is no longer necessary. Prohibits any regulated telecommunications carrier from also engaging in providing cable services in the same operating area unless the FCC finds that such provision by a regulated carrier will provide significant additional media diversity and competition. Authorizes telecommunications carriers serving certain rural areas to provide cable television services subject to conditions prescribed by the FCC. Title III: Miscellaneous Provisions - Makes certain technical amendments. Title IV: Conforming Amendments - Makes certain conforming amendments to the Criminal Code and the Clayton Act. Disavows any intent to affect the applicability of the antitrust laws and any pending litigation.
United States · United States Congress · 7 April 1981
Regulatory Reduction and Congressional Control Act of 1981 - Amends the Administrative Procedure Act to require Federal agencies to provide interested persons at least 60 days after publication of the general notice of a proposed rulemaking to participate in the rulemaking. Allows an agency to adopt an emergency rule, temporarily, without regard to specified time constraints. Provides expedited procedures for the adoption of a rule to replace such a temporary emergency rule. Subjects interpretive agency rules and general policy statements which will have general applicability and affect the rights of persons outside the agency to notice and public comment requirements for agency rulemaking. Directs each agency, upon publishing a recommended final rule, to transmit to Congress a copy of the rule with a summary of the problem requiring Government regulation and a statement of the estimated costs imposed by the rule. Prohibits such a rule from becoming effective if one House adopts a resolution disapproving the rule within 60 days of continuous session of Congress and the other House does not disapprove such resolution within 30 days thereafter. Specifies factors to be considered by a Congressional committee when determining whether or not to report such a resolution. Allows an agency to issue a modified rule relating to the same area as a disapproved rule. Authorizes each Congressional committee having legislative jurisdiction over an existing agency rule to review such rule periodically to determine whether: (1) provisions of the rule seriously injure the public interest; or (2) the rule violates or is inconsistent with other rules, existing law, judicial decisions, congressional intent, or its statutory authority. Authorizes such a committee or any Member of Congress to report or introduce a resolution requiring that an agency reconsider and repromulgate an existing rule or else the rule shall lapse within 180 days. Requires any agency repromulgating a rule to hold a hearing for oral presentations.
United States · United States Congress · 2 April 1981
Commends Secret Service Agents Timothy McCarthy and Jerry Parr and Metropolitan Police Officer Thomas Delahanty for their performance in the line of duty with respect to the assassination attempt on the life of the President of the United States.
United States · United States Congress · 27 March 1981
Amends the Communications Act of 1934 to authorize appropriations for the Federal Communications Commission (FCC) for fiscal years 1982, 1983, and 1984. Requires the FCC to assess charges for specified services performed by the FCC. Authorizes the FCC to increase or decrease the charges annually and to assess a penalty charge for late payments. Prohibits such charges from applying to any governmental body. Requires moneys received from the charges to be placed in the U.S. Treasury.
United States · United States Congress · 27 March 1981
Constitutional Amendment - Requires Congress to adopt for each year a budget which sets forth the total receipts and outlays of the United States. Prohibits the adoption of any budget in which outlays exceed total receipts, unless three-fifths of each House of Congress approve such budget. Prohibits Congress from passing and the President from signing any bill which would cause the total outlays for any year to exceed the total expenditures in the budget for such year. Prohibits the retention of receipts in any year for use of the Treasury in an amount which exceeds as a proportion of the national income, the amount retained for the prior year, unless a bill directed at approving a specific increase in such proportion has been passed by a majority of each House. Permits Congress to waive the provisions of this Act with respect to any single year in which a declaration of war is in effect.
United States · United States Congress · 27 March 1981
Expresses the sense of the United States Senate that: (1) Poland's problems can and should be solved by the Polish people; (2) any outside intervention would violate international law and solemn commitments; (3) officially sanctioned internal use of force would violate the prevailing spirit of cooperative negotiations; (4) the United States could not be indifferent to either such development which could have grave consequences for East-West relations; and (5) the Senate supports the President's efforts to ease Poland's economic difficulties providing repression or foreign intervention do not occur.
United States · United States Congress · 25 March 1981
Amends the National Trails System Act to designate the General Crook Trail and the Beale Wagon Road in Arizona for consideration for designation as national historic trials.
United States · United States Congress · 24 March 1981
Native American Culture and Art Development Act - Establishes the Institute of Native American Culture and Arts Development under the direction and control of a Board of Trustees. Sets forth the composition and terms of membership of the Board. Requires that the first Chairman of the Board be appointed by the President, and that subsequent Chairmen be elected by the trustees. Directs the Board to appoint a President to carry out the policies and functions of such Institute. Sets forth the powers of the Board. Authorizes the Board to establish within the Institute: (1) a Center for Culture and Art Studies to include Departments of Arts and Sciences, Visual Arts, Performing Arts, Language, and Literature; (2) a Center for Native American Scholars to include research and fellowship programs and publications; (3) a Center for Cultural Exchange to include an inter-American Indian program, marketing and promotion of Indian crafts, promotion of Indian art, exhibits and shows; (4) a Museum of Indian Arts to include the acquisition of Indian art and the curation and exhibition of Indian art; and (5) other related centers or programs. Transfers to the Institute the functions of the Institute of American Indian Arts and the Indian Arts and Crafts Board. Makes the laws applicable to such entities applicable to the Institute. Directs the President of the Institute to: (1) submit an annual report to the Congress and the Board concerning the administration of the Institute; and (2) establish an Advisory Committee consisting of Institute students and their parents to make recommendations to the Board. Directs the Board, in conjunction with the Secretary of the Interior and after a period of consultation with Indian tribes and organizations of Native Americans, to designate an existing facility under the jurisdiction of the Secretary as the headquarters of the Institute. Authorizes the Secretary to transfer such facility to the Institute. Authorizes appropriations FY 1982 and thereafter to carry out this Act.
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